Staff Analysis of Specific Land Development Code (LDC) Planned Unit Development (PUD) Approval Criteria for the Proposed Redfish Harbor PUD

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1 Staff Analysis of Specific Land Development Code (LDC) Planned Unit Development (PUD) Approval Criteria for the Proposed Redfish Harbor PUD LDC Sec Planned Unit Developments. (a) General. Planned unit development is an optional and supplemental compliance review process for the subdivision of land. It allows flexibility in LDC requirements to encourage greater creativity in land use planning and design for the mutual benefit of developers and the public. The intent of the PUD is to obtain benefits not anticipated by the strict application of zoning district regulations and subdivision standards, and not available by other variance processes. For the private gain of greater design flexibility, developers are required to provide greater public benefits through permanently preserved common open space, infrastructure improvements, accommodation of environmental and aesthetic features, and other permanent site improvements and amenities benefiting public health, safety and welfare. Proposed PUD is evaluated first through a quasi-judicial public hearing by the Planning Board and then by the Board of County Commissioners (BCC). General description of proposed development: The acre development parcel fronts Innerarity Point Road and is bounded on the west by Japonica Avenue. The parcel extends northward to Garcon Bayou and includes acres of jurisdictional wetlands. The preliminary plat of Redfish Harbor proposes subdivision for 92 singlefamily residential lots along paved private streets, and other private parcels to accommodate proposed amenities and stormwater ponds. The development is within the High Density Residential (HDR) zoning district and Mixed-use Suburban (MU-S) future land use category. The variances requested through the PUD proposal are limited to reducing the front and rear principal structure setbacks of the applicable zoning district by five feet each to 15 and 10 feet respectively, and reducing the right-of-way width required for streets with curb and gutter from 50 feet to 40 feet with adjoining 10-foot utility easements on each side. (b) Limits on PUD. Planned unit development can be used to mix land uses, provide broader housing choices, and allow more compact development through specific height, area, yard, size and use requirements that are different in any or all respects from those required by the applicable zoning district, or subdivision design standards different from those prescribed in [LDC] Chapter 5. Planned unit development is allowed for subdivision within any zoning district or future land use category, but it is subject to the following limitations: (1) Land uses. Land uses may vary from the specific uses allowed by the applicable zoning district, but they shall comply with the range of allowed uses within the applicable future land use category. Page 1 of 5

2 The proposed single-family residential use is allowed by the applicable zoning district and future land use category. (2) Density. The number of dwelling units shall not exceed the density allowed by the applicable future land use category or zoning district. The proposed number of dwelling units does not exceed the density allowed by either the applicable future land use category or zoning district. (3) Other processes. The PUD process supplements but does not replace other applicable compliance review processes of the LDC, including those for approval of preliminary plats, construction plans, and final plats. The preliminary development plan of the PUD has been forwarded to the Planning Board for its consideration after review and written comment by the members of the Development Review Committee (DRC). Prior to PUD plan review and final determination by the Board of County Commissioners (BCC), the plan must address any remaining conditions of LDC compliance not modified by the proposed variances of the PUD and must respond to any conditions of the Planning Board s recommendation to the BCC. The essential commitments of the development plan and the expectations of the county will be established upon BCC approval of the PUD, which includes the preliminary plat and associated documenting plans. The implementing subdivision infrastructure construction plans and final plat must be in substantial conformance with the approved PUD plans as determined through the established review and approval processes of the LDC. (4) Standards. The PUD process shall not modify any level of service standards for adequate public facilities or standards for accessibility, life safety, or health. The proposed development will comply with all applicable level of service standards. (e) Compliance review. The Planning Board shall conduct a quasi-judicial public hearing as noticed to consider whether conditions warrant the proposed modifications and make recommendations regarding the proposal to the BCC and for them to consider and act on those recommendations. The Planning Official has forwarded the proposed PUD and an analysis of its compliance with the requirements of the Land Development Code to the Planning Board for its required consideration and recommendation. (f) Criteria for PUD approval. The applicant has the burden of presenting competent substantial evidence to the [Planning] board that establishes each of the following conditions for the PUD: Page 2 of 5

3 (1) Creative Planning. Uses and structures are arranged in a manner that demonstrates creative concepts of land use planning throughout the development area. Residential uses include a complementary and sustainable mix of dwelling unit types or mix with non-residential uses. The majority wetland area of the development parcel constrains viable arrangements of uses and structures and limits creative development options on the remaining uplands. Single-family dwellings appear to be a sustainable land use for the site, but no mix of dwelling unit types is documented in the submitted plans. No non-residential uses other than accessory to the dwellings are proposed within the subdivision. Recommendation: That the PUD document the characteristics of dwelling units to which the PUD can commit, including floor area, stories, provision of garage or other parking outside of rights-of-way, and any diversity of housing styles and materials. (2) Natural amenities. Clustering, setbacks, easements and other methods are utilized to preserve to the greatest extent practicable the natural amenities and characteristics of the land, including open space, topography, natural vegetation, groundwater recharge, waterways, and scenic views. Deficiencies in natural amenities are supplemented through landscaping and other enhancements. Small upland lots, narrower rights-of-way, and reduced building setbacks are among the methods used to maintain viable density while preserving natural amenities. However, there is no documentation that at least 90 percent of the site wetlands will remain undisturbed and maintained under a conservation easement or other method as LDC clustering provisions would require. The entire wetland area is proposed to be subdivided among one common parcel and 22 residential lots that front the shoreline of Bayou Garcon. Extending lot lines through the required wetland buffer and through the wetlands to the shoreline increases the potential for adverse impacts to the wetlands and the difficulty in identifying and appropriately mitigating such impacts. Recommendation: That the PUD cluster the proposed development on the upland area of the site such that at least 90 percent of wetland and wetland buffer area is excluded from residential lots, a conservation easement is executed, and the conservation area is dedicated to the home owners association to comply with the minimum clustering provisions of the LDC (DSM Sec. 1-2). The complete exclusion of wetlands from individual lots and minimized buffer impacts is preferred. (3) Desirable environment. A more desirable environment in which to live or work is created than would be possible through the strict application of the minimum requirements of the LDC. Common open space area is within reasonable walking distance of all dwelling units in the development. Page 3 of 5

4 In addition to the community boardwalk to the Bayou Garcon shoreline and a pier with covered deck beyond, the development plan includes outdoor lighting and a one-acre central private park to serve the subdivision with neighborhood oriented amenities not required by the LDC. The plan indicates that those structures within common areas will be in place prior to final plat approval, which would precede all dwelling unit construction except as model homes may be permitted. Sidewalks will be provided throughout the development and along the Innerarity Point Road frontage. Recommendation: The PUD development plan would benefit from more specific documentation of the proposed amenities to the minimum extent that their installation is intended. Without such documentation the compliance of an implementing subdivision construction plan cannot be confirmed. Given that a community swimming pool and bathrooms, a perimeter park fence and landscaping, lighting throughout the development, and other improvements are proposed as part of the more desirable environment required of a PUD, their minimum specifications (e.g., dimensions, quantities, materials) should be included in the plan. As a component of site development, the applicant has proposed and initiated a wetland restoration project through the reduction of woody vegetation that benefits both wetland functions and aesthetic benefits. Common ownership of the wetland area will allow for continued maintenance of the wetland in a restored state. (4) Mobility. Internal circulation systems promote both pedestrian and vehicular mobility, especially between residential areas and local public open space, schools, retail sales and services, and employment. Sidewalks are located on at least one side of every street to support safe pedestrian mobility within the development and appropriate access to surrounding uses. Safe and effective pedestrian and vehicular mobility within the subdivision is promoted through compact upland development, looped streets, central park placement, and a network of sidewalks that includes the park perimeter and Innerarity Point Road frontage. The three connections of subdivision streets with public streets support vehicular mobility for both residents and public service vehicles. (5) Efficient land use. An efficient use of land results in smaller networks of streets and utilities. If street rights-of-way are proposed to be less than standard width, easements will provide adequate space to install and maintain utilities. The interconnection of subdivision streets, small lots, and the limitation of improvements largely to the minority area uplands all support an efficient use of land that results in smaller networks of streets and utilities. Easements will supplement proposed less-than-standard width rights-of-way to accommodate underground utilities. Page 4 of 5

5 (6) Compatibility. The development is compatible with surrounding areas and provides stable conditions and character to maintain long-term compatibility. The proposed density of single-family detached dwellings is compatible with the predominantly medium density single-family development of the surrounding areas, and the constructed improvements of a residential subdivision will provide the stable conditions and character to maintain that compatibility long term. Other considerations: In the review and analysis of the proposed development the Planning Board may include conditions relative to the six LDC criteria for PUD approval to insure the intent of the process is achieved. Page 5 of 5

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